research design in a legal study

RESEARCH DESIGN IN A LEGAL STUDYPROF. DR. AINUL JARIA MAIDIN

RESEARCH DESIGN

• Research Design/Research Proposal• The plan of the research project:

– Steps to be followed– Defined goals intended to achieve

• No fixed and defined format• Aspects ordinarily included in RD:

– Identification of issues; formulation RQ/hypothesis; objectives; literature review; methodology; approach; sources of information; scope; contents/chapters; bibliography

COMPONENTS

OF RESEARCH

DESIGN

TITLE

INTRODUCTION

HYPOTHESIS

LITERATURE

REVIEW

OBJECTIVES

METHODOLOGY

SCOPE &DELIMITATIONS

SIGNIFICANCE &

CONTRIBUTION

CONTENTS/CHAPTERS

TABLES &BIBLIOGRAPH

Y

1

2

3

4

5

6

7

8

9

10

COMPONENTS OF A RESEARCH DESIGN

1. Title of the Research Project• Clearly stated & self-explanatory• The project is in the area of law• Short, one-line statement or two sentences using

a colon (:), explanatory in nature

2. Introduction• Identification of problems, issues or questions• Highlight the nature, seriousness, effect, relation

to law• Difference from previous studies• Data needed, methodology used• Hypothesis


3. Hypothesis• Chava & David:

“A tentative answer to a research problem.”• Hypothesis: guess, hunch, imagination or

assumption• Based on researcher’s day-to-day observation and

experience or other relevant sources of knowledge about the matter

• Must be ‘testable’• Proven throughout the study• Result: approved or disapproved

• Positive & negative results are both important• Is hypothesis necessary in legal research?

• Hypo: Not necessary, but RQ is.• Reason: most legal studies are ‘exploratory’, ‘descriptive’,

‘explanatory’


• To describe the nature and seriousness of problems concerning food safety and quality

Objective

• Effectiveness of laws depends largely on their deterrent effect on producers, manufacturers, importers or suppliers. However, the existing laws do not seem to be sufficiently deterrent in many areas.

Hypothesis• Is there any need for change and reform in the existing legal and administrative mechanism of regulation and control?Research

Question

Example of Formulation of Hypothesis from Research Objective and RQ from a Hypothesis


• Sources of hypotheses• Personal observations, experiences, theories, etc.• The best: academic & professional literature

• Books, articles, conference papers, published (or unpublished) dissertations and theses;

• Library and internet resources

• Importance and advantages of hypotheses• Sets a direction with more specific inquiry• Helps selection of relevant materials or collection of

data• Useful for information evaluation and drawing

conclusion


4. Literature Review• The survey and documentation of published and

unpublished work in the area of specific interest to the researcher

• Sources of literature for review• Articles, books, reports, government document, official

reports• Significance

• Get to know what aspects in the area have been covered• Gain theoretical and factual knowledge: avoid duplication• Helps formulate ‘problem statement’ & hypothesis• Benefit from the efforts of others

• Procedures, techniques, research designs• Avoid mistake by learning from others


• A good literature review:1. Demonstrates familiarity of researcher on the subject2. Shows the similarities and dissimilarities among the

studies3. Indicates the information available for the time being4. Identifies types of studies conducted, topics covered

and how the current study will contribute to the existing knowledge

5. Justifies the need and value of research6. Increase reader’s confidence in the researcher’s

competence, ability and background knowledge

• How much should be reviewed?• No specific number• Discuss and evaluate the most relevant works and link

them to the topic of research in a systematic and meaningful way


• Components of a literature review1. Introduction

• Nature of research problems/issues• Identify reasons for reviewing/not reviewing certain

literature• Types of literature reviewed

2. The main body• Place various literatures under appropriate headings• Explain and analyze what others have said/reported• Compare and contrast – similarities and differences• Present general picture of the nature of existing

literature• Convince readers that he has sufficient knowledge

3. Conclusion• Brief summary of major contribution of the studies• Point out the gaps and the need for the proposed

study


5. Objectives of the Study• What researcher wants to do• Depends on the nature of topic selected• Main themes are to:

• Explore, describe, explain, compare, evaluate, criticize, draw inferences and conclusions, offer suggestions for further research or change and reform


6. Methodology• Information on how the study is carried

out• Explain ‘what’ approach taken and ‘why’• Specify:

• Primary sources: constitutional provisions, Islamic legal rules, statutory provisions framed by lawmaking bodies, subordinate or subsidiary legislation framed by administrative bodies or authorities, reported decisions of courts and tribunals

• Secondary Sources: books, journals, legal encyclopedias, digests of cases, indexes, official statistics, relevant documents and other library-based sources of information


7. Scope of Study and Delimitations• A study must be confined to a particular

time-period, geographical area, place, people and institution

• Clearly show what is and what is not included

• Advantage: Enable reader to know essential purpose of the study


7. Significance and Contribution• Explain why the research is carried out

• No study on the subject?• Insufficient coverage?• Different perspective?

• How it contributes to the existing knowledge?• ‘Critical’ analysis: researcher draws personal

inferences, own ideas, opinions, support, rejection, criticism or point out to inadequacies and suggests ways for improvement


8. Contents/Chapters• Chapters must be arranged in logical

sequence• Facilitative through:

• Various headings and sub-headings• Divisions into parts e.g. part A, B, C and D

9. Tables and Bibliography• All books, articles, case comments and other

literature discussed/referred to

research design in a legal study

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